QUIZ REVIEWER

Concept of Property and Ownership

• Define property under Art. 414 and distinguish it from “thing” and from “patrimony.”
• Enumerate and explain the three (3) essential attributes of ownership (jus utendi, jus fruendi, jus
abutendi, jus disponendi, jus vindicandi, jus possidendi).
• Distinguish action in rem, quasi in rem, and in personam in property litigation.

Classification of Property
• Classify property as immovable or movable under Art. 415 with controlling tests.
• Distinguish “reclassification” from “conversion.”
• Apply the tests for machinery/against treating machinery as immovable.

Public Dominion vs. Patrimonial Property

• Distinguish property of public dominion from patrimonial property and apply the consequences
(inalienable, imprescriptible, etc.).
• Determine when property of public dominion is converted into patrimonial property.

Accession
• Apply the rules on accession discreta and continua (industrial and natural, civil).
• Resolve builder-planter-sower cases in good faith and bad faith (Arts. 448– 456).
• Determine rights over alluvium and avulsion.

Quieting of Title & Co-Ownership

• Distinguish action to quiet title, remove cloud, and accion reivindicatoria.
• Determine when the action is imprescriptible and when it prescribes.
• Apply the four requisites for quieting of title.
• Identify sources of co-ownership and its essential characteristics.
• Apply Art. 493 on improvements, repair, and partition.
• Determine when partition is proper and when not.

Possession
• Distinguish possession from ownership and the degrees of possession.
• Apply rules on acquisitive and extinctive prescription over immovables.

Usufruct & Easements

• Distinguish usufruct from lease and from easement.
• Enumerate rights and obligations of usufructuary and naked owner.
• Determine when usufruct is extinguished.
• Classify easements (continuous/discontinuous, apparent/non-apparent, positive/negative,
legal/voluntary).
• Apply rules on creation and extinguishment.
• Resolve right-of-way cases (requisites of compulsory easement).

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Concept of Property and Ownership

1. Definition of Property

●​ Article 414 of the Civil Code defines property as:​

“Property is the right of a person over a thing, whereby he may enjoy and dispose of it, without
other limitations than those established by law.”
●​ Distinctions:
○​ Property vs. Thing
■​ A thing is a physical or incorporeal object that exists in reality.
■​ Property is the legal right a person has over a thing.
■​ Example: A house is a thing, but owning the house gives you property
rights.
○​ Property vs. Patrimony
■​ Property is a right over a thing.
■​ Patrimony is the totality of a person’s property rights that can be evaluated in
money.
■​ Patrimony includes all rights and obligations with economic value,
not just ownership.

2. Essential Attributes of Ownership

Ownership is a complete right over a thing, and it includes several powers:

1.​ Jus utendi (right to use)

○​ The right to use or enjoy the property according to its nature.
○​ Example: Living in your house or driving your car.
2.​ Jus fruendi (right to fruits)
○​ The right to enjoy the benefits or profits derived from the property.
○​ Example: Collecting rent from a leased property or harvesting crops from your land.
3.​ Jus abutendi (right to abuse or consume)
○​ The right to consume, destroy, or alter the property.
○​ Example: Cutting timber from your land for firewood.
4.​ Jus disponendi (right to dispose)
○​ The right to sell, donate, or transfer ownership of the property.
○​ Example: Selling your car or donating your property.
5.​ Jus vindicandi (right to recover)
○​ The right to claim the property from anyone who unlawfully possesses it.
○​ Example: Filing an action to recover your stolen laptop.
6.​ Jus possidendi (right to possess)
○​ The right to physically hold or control the property.
○​ Example: Occupying your land or keeping a painting in your home.

Note: While Articles 414–417 focus on ownership as a legal right, these attributes show
that ownership is not just possession, but control, enjoyment, and disposition of the
property.

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3. Actions in Property Litigation

●​ Property rights can be enforced through different types of legal actions:

1.​ Action in rem
○​ Against the whole world.
○​ Enforces rights over a thing.
○​ Example: Action to recover your land from anyone who is unlawfully occupying it.
2.​ Quasi in rem
○​ Against the property itself, usually when the owner is unknown.
○​ Example: Filing a claim on a property to satisfy a debt even if the owner cannot be
located.
3.​ Action in personam
○​ Against a specific person.
○​ Enforces obligations rather than rights over a thing.
○​ Example: Suing a lessee for failing to pay rent.

Tip for remembering:

●​ In rem → thing → everyone must respect it

●​ Quasi in rem → property as leverage
●​ In personam → person → enforce a duty

Classification of Property

1. Immovable vs. Movable Property (Art. 415, Civil Code)

Article 415 defines:​

"Immovable property is: (1) land, and (2) everything attached to it or incorporated into it, either naturally
or artificially, in such a way that it cannot be separated without material damage. All other property is
movable."

Controlling Tests to Classify Property:

1.​ Nature of the Property (by attachment)​

○​ Immovable: Land itself, buildings, trees, plants, or anything attached to the soil.
○​ Movable: Property that can be physically moved without damage.
○​ Example: A house built on land → immovable; a chair inside the house → movable.​

2.​ By Destination (Art. 416)​

○​ If a movable thing is intended to be used permanently for the service or improvement

of the land → treated as immovable.​

○​ Example: Mill machinery installed for the operation of a sugarcane plantation.​

3.​ By Incorporation or Annexation​

○​ Things attached to the land or building in a permanent way, which if removed would
cause damage → immovable.
○​ Example: Doors, windows, plumbing fixtures embedded in the building.

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2. Reclassification vs. Conversion

●​ Reclassification​

○​ Change in the official classification of the property by law or government (e.g.,

agricultural land → residential land).
○​ The nature of the property itself remains the same; only its legal categorization
changes.​

●​ Conversion​

○​ Change in the use or actual nature of the property through human act.
○​ Example: A rice field becomes a parking lot; the land is now converted to commercial
use.

Tip:

●​ Reclassification → legal change

●​ Conversion → physical/actual change​

3. Machinery as Immovable or Movable

General Rule: Machinery is usually movable.​

Exceptions (treated as immovable by law or annexation):

1.​ By Destination to the Land/Building​

○​ If machinery is intended for the permanent operation of a business on land/building

→ immovable.​

○​ Example: Boilers in a sugar mill or turbines in a power plant.​

2.​ By Incorporation/Annexation​

○​ Machinery attached so that removal would damage the building → immovable.​

○​ Example: Factory-installed conveyor belt fixed to concrete foundation.​

3.​ Against Treating Machinery as Immovable:​

○​ If machinery is easily removable without material damage and not intended as

permanent → remains movable.​

○​ Example: Office air-conditioning units, portable generators.​

Controlling Test for Machinery:

●​ Intention of annexation + permanency of use + damage if removed = immovable.

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Public Dominion vs. Patrimonial Property

1. Definition and Distinction

A. Property of Public Dominion

●​ Property owned by the State for public use or service.

●​ Characteristics:
○​ Inalienable: Cannot be sold or transferred.
○​ Imprescriptible: Cannot be acquired by prescription (cannot be claimed by
continuous possession).
○​ Exempt from taxes and private claims (like property subject to seizure).
●​ Examples:
○​ Streets, highways, rivers, seas, public plazas, public buildings for official use.

B. Patrimonial Property

●​ Property of the State that may be owned, used, and disposed of like private property.
●​ Can be sold, leased, mortgaged, or taxed.
●​ Examples:
○​ Government-owned lands not used for public service, surplus lands, buildings leased
to private individuals.

Key Distinction Table:

Feature Public Dominion Patrimonial Property

Purpose Public use/service Private or commercial use

Alienable No Yes

Prescriptible No Yes

Examples Highways, plazas, rivers Surplus lands, gov’t buildings for lease

2. Consequences of Public Dominion

1.​ Inalienable – Cannot be sold, donated, or mortgaged.

2.​ Imprescriptible – No one can acquire ownership by continuous use or possession.
3.​ Exempt from attachment – Cannot be seized to satisfy private claims.
4.​ Exclusive use – Must serve public interest; private use only under special law.

Example: A road cannot be sold to a private developer; it must remain for public use.

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3. Conversion into Patrimonial Property

When does property of public dominion become patrimonial?

1.​ By law or legal act – The legislature or competent authority may declare a public property
surplus or no longer needed for public use.
○​ Example: A riverbed or public land no longer needed for navigation or public service.
2.​ By cessation of public purpose – When the property is no longer necessary for public use, it
may be administered like private property.
○​ Example: Old government buildings converted into offices for lease.

Important Rule:

●​ Conversion requires a formal act or law, not just mere neglect or non-use.

Tip to remember:
●​ Public dominion → must serve the public → inalienable & imprescriptible
●​ Patrimonial → disposable like private property → can be sold, leased, or mortgaged
●​ Conversion happens only when the public use purpose ends by law.

Accession

1. Definition of Accession

Accession is the right of an owner of a principal thing to own everything that is produced by, united
with, or incorporated into it, whether naturally or artificially.

●​ Governed by Articles 434–456 of the Civil Code.

Two main types:

1.​ Accession Discreta (Discreet/Separate)​

○​ Things that are separate but joined to the principal thing.

○​ Example: Building on land (land = principal thing, building = accessory).​

2.​ Accession Continua (Continuous/Uninterrupted)​

○​ Things that grow or develop naturally as part of the principal thing.

○​ Example: Fruits, trees, or plants growing on land.

Subtypes:

●​ Natural Accession (industrial/natural)​

○​ Natural: Produced by nature, without human intervention.

■​ Example: Fruits growing, river depositing alluvium.​

○​ Industrial (artificial): Produced by human labor.

■​ Example: Building a house, planting crops.​

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 ●​ Civil Accession​

○​ Things produced by human labor in accordance with law or contract.

○​ Example: Factory-built extension on someone else’s land with consent.

2. Builder, Planter, Sower Cases (Arts. 448–456)

General Rule: The owner of the principal thing generally owns the accessory thing (accessory follows
the principal).

Application depends on:

Party Good Faith Bad Faith

Builder/Planter/Sower Entitled to reimbursement for May lose the thing and have
materials and labor if improvements no reimbursement
were made in good faith

Owner of Land/Principal Gains ownership of the Gains ownership, may have

Thing improvements to reimburse in good faith
cases

Examples:

●​ Good faith: A person builds a house on another’s land, believing it is theirs → they may
recover the value of materials if the owner keeps the house.​

●​ Bad faith: A person knowingly builds on someone else’s land → owner keeps the house
without obligation to reimburse.

Key Tip: Accessory generally follows the principal. But good faith may give the builder or
planter some compensation.

3. Rights over Alluvium and Avulsion

A. Alluvium (Gradual Accretion)

●​ Definition: Gradual and imperceptible increase of land along riverbanks or shores due to
deposits of soil or sand.​

●​ Rule: Owner of the land owns the newly formed land automatically.​

●​ Example: River gradually deposits soil along your property → you own it.​

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B. Avulsion (Sudden Accretion)

●​ Definition: Sudden and perceptible addition of land or change in the river’s course.​

●​ Rule: The owner of the land retains title to their original property, but the new land may
belong to the river or former owner.​

●​ Example: Flood causes sudden deposit of sand on your land → owner may or may not acquire
ownership depending on law.

Tip to remember:

●​ Alluvium → gradual → automatic ownership

●​ Avulsion → sudden → original boundaries maintained

Quieting of Title

1. Distinction of Related Actions

Action Purpose Key Point

Action to Quiet Title To establish ownership and Clears all clouds affecting
remove all doubts about title to title; ownership confirmed
property

Action to Remove Cloud To remove a specific Focuses only on the cloud, not
encumbrance or claim affecting ownership in general
the title

Acción Reivindicatoria To recover possession of property Owner already known; seeks

(Action for Recovery) from unlawful possession to recover possession, not
title

2. Prescription Rules

●​ Imprescriptible:
○​ Quieting of title is generally not subject to prescription if based on ownership in good
faith and registered title.
●​ Prescriptive:
○​ If based on unregistered ownership or adverse possession, ordinary prescription
rules may apply.

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3. Four Requisites for Quieting of Title (Art. 1004, Civil Code)

1.​ Legal interest: Plaintiff must have an ownership or claim over the property.
2.​ Rightful ownership: Ownership must be disputed or threatened.
3.​ Cloud on title: There must be some encumbrance, adverse claim, or defect affecting title.
4.​ Absence of other adequate remedy: No other action is available to protect ownership.

Example: Your title to a lot is questioned by a neighbor claiming it’s theirs. You file a
quieting of title to remove doubt.

Co-Ownership (Condominium of Property)

1. Sources of Co-Ownership

●​ By Law:
○​ Inheritance (Art. 484), joint acquisition by spouses, etc.
●​ By Agreement:
○​ Purchase or contract by two or more persons.

2. Essential Characteristics

●​ Each co-owner has an undivided share of the property.

●​ Rights: Use, enjoy, and dispose of their share.
●​ Obligations: Share in expenses, taxes, and maintenance.
●​ Possession: Each may use the property without prejudice to the rights of others.

3. Art. 493 – Improvements, Repairs, and Partition

●​ Improvements:
○​ Co-owner who made useful or necessary improvements may be reimbursed upon
partition or sale.
●​ Repairs:
○​ Each co-owner must contribute proportionally to necessary repairs.
●​ Partition:
○​ Co-owners may demand partition at any time unless otherwise agreed.
○​ Partition may be voluntary (mutual agreement) or judicial (court intervention).

4. When Partition is Proper vs. Not Proper

●​ Proper:
○​ Property is susceptible of division without material injury.
○​ No special conditions restricting partition exist.
●​ Not Proper:
○​ Property is indivisible without destruction or serious depreciation.
○​ Example: A single large painting or industrial machinery installed for the business.

Tip to Remember:

●​ Co-ownership = undivided interest + shared obligations.

●​ Partition = separation of shares only if it does not harm the property.
●​ Art. 493 ensures fairness in improvements, repairs, and cost-sharing.

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Possession

1. Distinction Between Possession and Ownership

Feature Possession Ownership

Definition Physical control or detention of a thing Legal right to enjoy and dispose of a
with or without intention to own thing fully (Art. 414)

Essence Fact (corpus + animus possidendi) Right (legal attribute of ownership)

Enforcement Can be protected even if not the owner Can be enforced against anyone who
(e.g., possessory action) violates ownership (in rem)

Duration Temporary or permanent Potentially perpetual

Example Renting a house → tenant possesses but The landlord owns the house
does not own

Key Point: Possession is a factual relationship with a thing; ownership is a legal right over it.

2. Degrees of Possession

1.​ Actual Possession​

○​ Physical control or detention of the property.

○​ Example: Living in a house, cultivating land.​

2.​ Constructive Possession​

○​ Legal possession without physical control.

○​ Example: Owning a property leased to someone else → you possess constructively.​

3.​ Peaceable Possession​

○​ Possession without opposition or disturbance.​

4.​ Violent Possession​

○​ Obtained by force.​

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 5.​ Civil Possession​

○​ Possession in good faith and with legal title.​

6.​ Natural Possession​

○​ Possession in bad faith or without title.

Tip to remember: “Possession is fact; ownership is right. Degrees of possession = how

you hold the thing.”

3. Prescription Rules (Acquisitive and Extinctive)

A. Acquisitive Prescription (Usucapion)

●​ Definition: Possession over time can lead to ownership.​

●​ Rules for Immovables:​

○​ Civil Code Article 1134 & 1137:​

■​ 10 years – in good faith and with title.

■​ 30 years – regardless of title or good faith.​

●​ Effect: Possessor becomes owner of the property after prescribed period.

B. Extinctive Prescription

●​ Definition: Non-use or abandonment can lead to loss of rights.​

●​ Rules:​

○​ Non-claim of ownership for the period prescribed by law may extinguish right to
reclaim.​

○​ Example: Immovable not claimed or possessed for 30 years → prescription

extinguishes the owner’s right.

Key Tip:

●​ Acquisitive = gain ownership by possession​

●​ Extinctive = lose right due to inaction or lapse of time​

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Usufruct & Easements

1. Usufruct

Definition (Art. 533):

●​ Usufruct is a real right by which a person (usufructuary) may enjoy and derive fruits from the
property of another (naked owner) without altering its substance.​

A. Distinctions

Feature Usufruct Lease Easement

Right granted Use and enjoy Temporary use in Right to use or restrict use of
another’s property exchange for rent property for certain purpose

Duration Usually long-term, Short-term, Can be permanent or limited by

sometimes for life contractual law/contract

Substance of Must not be altered or Can be used No possession; only specific

property destroyed according to contract uses

B. Rights and Obligations

Usufructuary:

●​ Rights:​

○​ Jus utendi (use property)

○​ Jus fruendi (collect fruits/benefits)
○​ Jus abutendi restricted (cannot destroy substance)​

●​ Obligations:​

○​ Preserve property
○​ Pay taxes, necessary expenses
○​ Return property in original condition (Art. 547–548)​

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Naked Owner:

●​ Rights:​

○​ Retains ownership of property

○​ Can reclaim full rights when usufruct ends​

●​ Obligations:​

○​ Bear extraordinary repairs (not due to usufructuary misuse)

C. Extinguishment of Usufruct (Art. 604)

●​ By law: Expiration of term or death of usufructuary

●​ By agreement: Parties may agree to terminate
●​ By merger: Usufructuary becomes owner (merges with naked ownership)
●​ By destruction of thing
●​ By renunciation by usufructuary
●​ By loss of thing (consumption or waste beyond ordinary use)

Tip: Usufruct is personal right over property; cannot destroy the property’s substance.

2. Easements (Servitudes)

Definition (Art. 649):

●​ Easement is a real right by which one land (dominant estate) benefits from another land
(servient estate) without possessing it.​

A. Classification of Easements

Type Description Example

Continuous Requires no human intervention Easement of drainage

Discontinuous Requires human action Right to draw water manually

Apparent Visible or easily detectable Doorway or window over neighbor’s land

Non-apparent Not visible Right to pass underground pipe

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 Positive Allows certain act on neighbor’s land Right-of-way

Negative Restrains owner from doing Cannot build blocking view

something

Legal Imposed by law Utilities easements

Voluntary Created by agreement Grant of right-of-way

B. Creation and Extinguishment

●​ Creation:​

○​ By law, contract, testament, or prescription.​

●​ Extinguishment:​

○​ Destruction of servient estate​

○​ Renunciation by dominant owner​

○​ Merger (same owner of both estates)​

○​ Non-use for statutory period

3. Right-of-Way Cases (Compulsory Easement)

Requisites (Art. 649–653):

1.​ Dominant and servient estates exist

2.​ No other access available → landlocked property
3.​ Use must be necessary → for proper use of dominant estate
4.​ Owner is compensated → just indemnity for servient owner

Example:

●​ Lot B is surrounded by private properties → Lot B owner may claim right-of-way over
neighboring Lot A, paying indemnity.

Tip to remember:

●​ Usufruct = enjoy property without destroying it

●​ Easement = limited use of neighbor’s land
●​ Right-of-way = special compulsory easement when property is landlocked

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Co-Ownership Codal
CO-OWNERSHIP — GENERAL CONCEPT

Article 484 — Concept of Co-Ownership

Rule / Notes

●​ Co-ownership exists when ownership of an undivided thing or right belongs to two or more
persons.
●​ Each co-owner owns an ideal or abstract share, not a specific portion.
●​ In the absence of a contract or special law, Civil Code rules apply.

Principle

●​ No exclusive ownership over any physical portion exists before partition.

SHARES, BENEFITS, AND CHARGES

Article 485 — Proportionality of Shares

Rule / Notes

●​ Benefits and charges are shared in proportion to each co-owner’s interest.

●​ Any stipulation making a co-owner bear more than his share is void.
●​ Shares are presumed equal unless proven otherwise.

Principles

●​ Equality is presumed
●​ Equity in benefits and burdens

USE AND POSSESSION

Article 486 — Use of the Common Property

Rule / Notes

●​ Each co-owner may use the property:

○​ According to its purpose
○​ Without injuring the co-ownership
○​ Without excluding others
●​ Purpose may be changed by express or implied agreement.

Principles

●​ Mutual respect of rights

●​ No co-owner may appropriate exclusive enjoyment

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Article 487 — Action in Ejectment

Rule / Notes

●​ Any co-owner may file ejectment to protect possession.

●​ Action benefits all co-owners, not only the plaintiff.

Principle

●​ One co-owner represents the co-ownership in possessory actions

EXPENSES AND REPAIRS

Article 488 — Expenses and Taxes

Rule / Notes

●​ All co-owners must contribute to:

○​ Preservation expenses
○​ Taxes
●​ A co-owner may renounce part of his share to avoid contribution.
●​ Renunciation is invalid if prejudicial to the co-ownership.

Principles

●​ Contribution is compulsory
●​ Renunciation must not harm the common interest

Article 489 — Repairs vs Improvements

Rule / Notes

●​ Repairs for preservation:

○​ May be done by one co-owner
○​ Prior notice required if practicable
●​ Improvements or embellishments:
○​ Require decision of the majority
○​

Principle

●​ Preservation is favored
●​ Improvements require collective will

SPECIAL RULE: DIFFERENT STORIES OWNED SEPARATELY

Article 490 Art. 490 is superseded by Condominium Law. Read the Condominium Law.

Rule / Notes

●​ Applies when different floors of a building have different owners.

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 ●​ Common parts are maintained pro rata.
●​ Each owner bears maintenance of his own floor.

Principle

●​ Shared use means shared expense

ALTERATIONS AND ADMINISTRATION

Article 491 — Alterations (anything that changes the purpose of a thing)

Rule / Notes

●​ No co-owner may alter the property without consent of others.

●​ Even beneficial alterations require consent.
●​ Courts may intervene if refusal is clearly prejudicial.

Principle

●​ Preservation of common consent

●​ Judicial relief against abuse of rights

Article 492 — Majority Rule

Rule / Notes

●​ Acts of administration require majority approval.

●​ Majority means co-owners holding the controlling interest.
●​ Courts may appoint an administrator if:
○​ No majority exists
○​ Majority decision is prejudicial

Principles

●​ Democratic control
●​ Court as protector of minority interests

RIGHTS OF EACH CO-OWNER

Article 493 — Alienation of Share

Rule / Notes

●​ Each co-owner may:

○​ Sell
○​ Assign
○​ Mortgage his ideal share
●​ Buyer only acquires what will be allotted upon partition.

Principle

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 ●​ Freedom to dispose
●​ Buyer steps into the shoes of the co-owner

TERMINATION OF CO-OWNERSHIP

Article 494 — Right to Partition

Rule / Notes

●​ No one can be compelled to remain in co-ownership.

●​ Partition may be demanded at any time.
●​ Valid limitations:
○​ Agreement not exceeding ten years
○​ Donor or testator prohibition not exceeding twenty years
●​ Prescription does not run while co-ownership is recognized.

Principles

●​ Co-ownership is temporary
●​ Favor partition

Article 495 — Indivisible Property

Rule / Notes

●​ No physical division if it renders the property useless.

●​ Co-ownership may still be terminated under Article 498.

Principle

●​ Utility prevails over division

Article 496 — Modes of Partition

Rule / Notes

●​ Partition may be:

○​ Extrajudicial by agreement
○​ Judicial through court action
●​ Governed by the Rules of Court.

Principle

●​ Partition is a matter of right

Article 497 — Creditors and Assignees

Rule / Notes

●​ Creditors may:
○​ Participate in partition
○​ Object to partition without their consent

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 ●​ Partition already made cannot be attacked unless:
○​ There is fraud
○​ There was formal opposition ignored

Principle

●​ Protection of third-party interests

Article 498 — Sale of Indivisible Property

Rule / Notes

●​ If the thing is indivisible and no agreement exists:

○​ Property shall be sold
○​ Proceeds divided among co-owners

Principle

●​ Equitable conversion

EFFECTS OF PARTITION

Article 499 — Rights of Third Persons

Rule / Notes

●​ Partition does not prejudice:

○​ Mortgages
○​ Servitudes
○​ Other real rights
●​ Personal rights remain enforceable.

Principle

●​ Partition binds co-owners but not third parties

Article 500 — Mutual Accounting

Rule / Notes

●​ Upon partition:
○​ Accounting for benefits
○​ Reimbursement for expenses
○​ Liability for damages due to negligence or fraud

Principle

●​ Equity upon termination

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Article 501 — Warranty After Partition

Rule / Notes

●​ Co-owners warrant:
○​ Title
○​ Quality of the portions assigned
●​ Similar to warranty among sellers.

Principle

●​ Mutual warranty among co-owners

KEY SUMMARY PRINCIPLES (Exam Favorite)

●​ Co-ownership involves undivided interests

●​ No co-owner is bound to stay
●​ Majority governs administration
●​ Partition is favored
●​ Alienation affects only ideal share
●​ Equity governs expenses and benefits

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Possession Codal
ACQUISITION OF POSSESSION

Article 531 – How possession is acquired

Possession is acquired by:

1.​ Material occupation – actual physical control (e.g. occupying land)

2.​ Exercise of a right – using a right even without physical holding (e.g. usufruct)
3.​ Subjection to one’s will – control even without physical contact
4.​ Legal acts and formalities – possession through law (e.g. delivery through contract)

👉 Key idea: Possession is both fact and intent, not just physical holding.
Article 532 – Who may acquire possession

Possession may be acquired by:

●​ The person himself

●​ Legal representative
●​ Agent
●​ Even by a stranger without authority

📌 If acquired by a stranger:
●​ Possession is effective only after ratification
●​ Without prejudice to negotiorum gestio (helping someone’s affairs without permission, but in
good faith)

👉 Exam tip: Unauthorized possession needs ratification.

Article 533 – Possession of hereditary property

●​ Possession is automatically transmitted to the heir

●​ Starts from the moment of death
●​ No interruption if inheritance is accepted

📌 If inheritance is renounced → heir is deemed never to have possessed

Article 534 – Effect of decedent’s bad possession

●​ Heir is not liable for decedent’s wrongful possession if unaware

●​ Heir enjoys benefits of good faith possession only from death, not before

Article 535 – Possession by minors/incapacitated

●​ They can acquire possession

●​ But need legal representative to exercise rights arising from possession

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Article 536 – Possession cannot be acquired by force

●​ Possession cannot be acquired by force or intimidation

●​ Remedy is court action, not self-help

👉 Doctrine: No possession through violence while another objects.

Article 537 – Acts that do not affect possession

Do NOT affect possession:

●​ Acts merely tolerated

●​ Clandestine acts
●​ Acts done by violence

👉 Tolerance ≠ possession
Article 538 – Preference in possession

Possession cannot exist in two personalities except co-possession.

If disputed:

1.​ Present possessor

2.​ Longer possession
3.​ One with title
4.​ Judicial deposit if all equal

EFFECTS OF POSSESSION

Article 539 – Right to be respected in possession

●​ Every possessor has a right to protection

●​ Remedies include:
○​ Forcible entry
○​ Unlawful detainer
●​ Writ of preliminary mandatory injunction allowed in forcible entry

Article 540 – Possession as basis of ownership

Only possession in the concept of owner can ripen into ownership (prescription).

👉 Holder ≠ owner for prescription

Article 541 – Presumption of just title

●​ Possessor in concept of owner is presumed to have just title

●​ Need not prove it

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Article 542 – Possession of movables

Possession of real property includes movables inside, unless excluded.

Article 543 – Co-possession

●​ Each co-possessor is deemed to possess his share from the start

●​ Interruption affects all
●​ Civil interruption follows Rules of Court

Article 544 – Fruits in good faith

Good faith possessor:

●​ Keeps fruits received before legal interruption

●​ Natural/industrial fruits → upon gathering
●​ Civil fruits → accrue daily

Article 545 – Fruits when good faith ends

●​ Entitled to:
○​ Reimbursement for cultivation
○​ Share in net harvest (proportionate)
●​ Owner may allow possessor to finish cultivation as indemnity

📌 Refusal = loss of indemnity

Article 546 – Necessary and useful expenses

●​ Necessary expenses → refunded to all possessors

●​ Useful expenses → refunded only to possessor in good faith
●​ Good faith possessor has right of retention

Article 547 – Removal of useful improvements

Good faith possessor may remove improvements:

●​ If no damage
●​ Unless owner opts to pay

Article 548 – Luxury expenses

●​ Not refundable
●​ May be removed if no injury
●​ Unless successor pays value

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Article 549 – Possessor in bad faith

●​ Must reimburse fruits received and receivable

●​ Only reimbursed for necessary expenses
●​ No refund for luxury expenses

Article 550 – Costs of litigation

Each possessor bears litigation costs.

Article 551 – Natural improvements

Improvements due to nature or time belong to the person who recovers possession.

Article 552 – Liability for loss or deterioration

●​ Good faith: not liable but liable only if fraudulent or negligent after summons
●​ Bad faith: liable in all cases, even fortuitous events

Article 553 – Non-existing improvements

No payment for improvements that no longer exist upon recovery.

Article 554 – Presumption of continuity

Present possessor is presumed to have possessed during the intermediate period.

Article 555 – Loss of possession

Possession is lost by:

1.​ Abandonment
2.​ Transfer
3.​ Destruction or loss
4.​ Possession by another for more than one year

📌 Real right lost only after ten years

Article 556 – Movables

Possession not lost if still under control even if whereabouts unknown.

Article 557 – Immovables

Possession not lost for prescription unless registered under land laws.

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Article 558 – Mere holder

Acts of a mere holder do not bind owner unless:

●​ Authorized, or
●​ Ratified

Article 559 – Possession of movables in good faith

●​ Possession in good faith = equivalent to title

●​ Owner may recover if lost or unlawfully taken
●​ If bought at public sale → owner must reimburse price

Article 560 – Animals

●​ Wild animals → possessed only while controlled

●​ Tame animals → possessed if they return habitually

Article 561 – Recovery of possession

One who recovers possession is deemed to have possessed it without interruption.

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KEYPOINTS: Quieting, Co-ownership,
Possession
Quieting of Title

If you are actually occupying and continuously possessing the land, the law allows you to go
to court at any time to remove any cloud or doubt over your ownership. Even if many years have
passed, your right to file an action to quiet title does not expire.

If plaintiff is not in possession. A void instrument produces no legal effect from the beginning. Action
is still imprescriptible. The law does not protect something that never had legal existence.

Voidable or valid instruments produce legal effects until annulled. Action prescribes (usually 10
years) because they have legal effect, the law requires the owner to act within a period.

When a buyer (vendee) of an immovable property has taken possession of the land, the sale
is deemed consummated by the delivery of the object, and ownership has been transferred. A
subsequent action filed by the buyer to compel the seller (vendor) to execute the formal deed of
conveyance (which is ordinarily called "Specific Performance") is not an action to enforce a contract.

Instead, the action is, in effect, one to quiet title (or remove a cloud upon the title) because its primary
objective is to clear the cloud cast upon the buyer’s ownership by the seller’s refusal to recognize the
sale and formalize the title.

If you are in possession, it is imprescriptible. This is because you are presumed to be the owner. The
ownership is imprescriptible and not the action to quiet title.

➔​ Art. 1134 -> 10 years

➔​ Art. 1137 -> 30 years

Acts of administration and possession by a co-owner do not constitute an adverse claim nor
create a cloud on title that may be the subject of an action for quieting of title, absent a clear
repudiation of the co-ownership, disputes between them are resolved through partition and
accounting, not quieting of title.

Under Articles 494 and 498 of the Civil Code, no co-owner is obliged to remain in
co-ownership, and any co-owner may demand partition of the property. When the property is
indivisible or the co-owners cannot agree on its allotment, it may be sold and the proceeds divided
among them.

Art. 490 is superseded by Condominium Law. Read the Condominium Law.

Art. 491 Alterations refers to anything that changes the purpose of a thing.
Art. 492 Majority refers to Financial Expense or Control.
Art. 493 Must be his portion only.
Art. 494 This is because the law frowns on coownership

Any act that terminates co-ownership is an act of partition.

A sale by a co-owner of a definite portion of co-owned property is valid to the extent of his
ideal share, and long, uninterrupted possession coupled with fraud in registration warrants
reconveyance despite a Torrens title. Estoppel by deed binds not only the party but also his heirs.

Accion Interdictal: Recovery of physical possession (de facto); jurisdiction is with MTC (filed
within 1 year), which is provisional only

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 Accion Publiciana: Recovery of better right of possession (de jure); jurisdiction is with
RTC/MTC (based on the assessed value), which is provisional only
Accion Reivindicatoria: Recovery of ownership; jurisdiction is with RTC/MTC (based on the
assessed value); which is final and conclusive

An action to quiet title is filed to remove a cloud or doubt over ownership of real property and the
issue involved is title or ownership rather than possession.

Accion reivindicatoria is an action to recover both ownership and possession of real property and is
filed when the plaintiff is the owner but is not in possession of the property.

Accion publiciana is an action to recover the right to possess real property when dispossession has
lasted for more than one year and ownership is not the main issue.

Accion interdictal is an action to recover physical or material possession of property and must be
filed within one year from dispossession and it includes forcible entry and unlawful detainer.

Ejectment is the summary action covering forcible entry and unlawful detainer and is used to recover
physical possession of property within one year from dispossession.

In practice, ejectment cases are accion interdictal actions, and ejectment specifically refers to the
two kinds of accion interdictal, namely forcible entry and unlawful detainer. Both must be filed within
one year from dispossession, both involve only physical possession and not ownership, and both are
filed before the Municipal Trial Court through a summary proceeding.

In forcible entry cases, the sole issue is prior physical possession (possession de facto);
ownership, title, or the existence of a prior unlawful detainer judgment is immaterial, and even the
rightful owner or a party with a favorable ejectment judgment may not resort to force to recover
possession, but must enforce such judgment only through lawful judicial processes.

Forcible entry is unlawful entry by force or intimidation, while

(1) prior physical possession,

(2) deprivation of possession by force, intimidation, threat, strategy, or stealth, and

(3) filing of the action within one year from dispossession.

Unlawful detainer is unlawful retention of property after lawful possession has expired. One
year from the time of demand. No demand is equal to tolerance.

Quieting of title and accion reivindicatoria can go together in filing such action.

Quieting of title and cancellation of torrens title cannot be filed together. It needs to have a separate
special proceeding.

This means that a marriage that is void from the very beginning is treated as if it never
existed in the eyes of the law. Because it is void ab initio, it does not create valid property relations,
such as conjugal or absolute community property, for purposes of criminal liability.

In simple terms, you cannot use property consequences like sharing of property or cohabitation to
prove that a valid marriage existed. Since there was no legally subsisting marriage, those civil or
property arrangements cannot be relied upon to establish the crime of bigamy, which requires proof
of a valid and existing first marriage.

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 Possession in good faith ends when the possessor becomes aware that they hold the
property improperly or wrongfully.

Acts of alienation refer to acts by which a person transfers or disposes of his rights or
ownership over property in favor of another.

In simple terms, these are acts that remove the property from the owner and place it in someone
else’s hands.

A buyer or assignee of a condominium unit who has not fully paid the purchase price does
not yet acquire ownership of the unit, nor the corresponding shares or membership in the
condominium corporation. Ownership transfers only upon full payment, as expressly required by the
Condominium Act, the Master Deed, and the Contract to Buy and Sell.

An initially invalid sale of a specific portion of a property can be validated once the seller
acquires full ownership, and that the buyer’s ownership is limited to the segregated portion actually
sold..

The doctrine of constructive possession is a principle that says a person can be considered
in possession of a property even if he is not physically occupying it, as long as he has the intent and
the legal means to control it.

Mapping contracts refer to agreements entered into by the government with private entities or
contractors for the preparation of maps, usually for general reference or planning purposes.

Cadastral surveys are official land surveys conducted by the government to identify, define, and
determine the boundaries and ownership of land parcels.

A person who occupies land without title, consent, or legal basis acquires no ownership or
legal right over it, and their possession, even if long continued, does not prevent the lawful owner from
reclaiming the property. Such a person’s continued occupation is tolerated at most and becomes
unlawful upon demand to vacate, making ejectment the proper remedy.

Possession, no matter how long, cannot defeat ownership evidenced by a Torrens title. A
possessor’s good faith ends upon judicial notice of the owner’s adverse claim, after which liability for
fruits attaches under Article 549 of the Civil Code.

A contract of pledge is valid and perfect when:

●​ It is executed in writing (preferably public instrument) specifying the debt, the pledge, and the
terms (Art. 1857, Civil Code), and
●​ The pledged property is delivered to a third person (depositary) or the pledgee, or
symbolically delivered (e.g., keys to the warehouse), even if the pledgor remains the nominal
owner.

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The possession of movable property acquired in good faith is equivalent to a title. One who has lost
any movable or has been unlawfully deprived thereof may recover it from the person in possession,
but this "unlawful deprivation" refers to cases like theft or robbery.

A possessor in good faith—one who is unaware of any flaw in his title or in the manner of
acquisition—may lawfully enjoy the fruits of mortgaged improvements and is entitled to
indemnification for such improvements, even if certain conditions of the contract are later found
illegal.

Ownership rights prevail over good faith possession when property is unlawfully taken. The
right of the owner to recover personal property acquired in good faith by another, is based on his
being dispossessed without his consent.

In legal disputes where evidence is contradictory and leaves the judge in doubt, the general
principle of law is that the condition of the possessor is the better one (In dubio pro possessore).
Since Lizares was the one in physical control of the land, the burden was on the plaintiffs to prove a
superior right, which they failed to do.

Under Art. 448, this is a critical rule in property law. If you occupy land and treat it as your own (paying
taxes, farming it, etc.), the law presumes you have a legal right to be there. You do not have to "prove"
your title to every person who asks; instead, the person challenging you must "prove" that your title is
invalid.

Acquisitive prescription

Acquisitive prescription means acquiring ownership because you have possessed the property for a
long time in the manner required by law.

-​ Occupation/seizure
-​ By Law
-​ Donation
-​ Tratiton/ Delivery
-​ Intellectual Creation
-​ Prescription
-​ Succession

Kinds of acquisitive prescription

1. Ordinary acquisitive prescription

●​ Requires:
○​ Good faith
○​ Just title
●​ Period:
○​ 10 years (immovables)
●​ Legal basis: Art. 1134

2. Extraordinary acquisitive prescription

●​ Requires:
○​ No good faith required
○​ No just title required
●​ Period:
○​ 30 years (immovables)
●​ Legal basis: Art. 1137

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CONDOMINIUM ACT
THE CONDOMINIUM ACT

REPUBLIC ACT NO. 4726 – THE CONDOMINIUM ACT (June 18, 1966)

Purpose of the Act

●​ Defines condominium
●​ Establishes requirements for its creation
●​ Governs the rights, duties, and incidents of condominium ownership

I. Short Title

●​ Section 1: Known as “The Condominium Act”

II. Definition of Condominium (Sec. 2-3)

1.​ Condominium =​

○​ Separate interest in a unit (residential, commercial, industrial)

○​ Undivided interest in common areas and land where the building stands
○​ May include other separate interests in the property​

2.​ Title & Rights:​

○​ Can be ownership or any other real right recognized by law

○​ Title to common areas may be held by a condominium corporation, automatically
including all unit owners as members/shareholders proportionate to their units​

3.​ Important Terms (Sec. 3):​

○​ Unit – a part of the building for independent use

○​ Project – entire property divided into condominiums
○​ Common Areas – property excluding the units
○​ To divide – to convey one or more condominiums, but not the whole property

III. Creation of a Condominium (Sec. 4-5)

Requirements:

●​ Master/Enabling Deed recorded in the Register of Deeds, including:​

○​ Description of land & buildings

○​ Number of units, stories, basements, and accessories
○​ Common areas & facilities
○​ Nature of interest in units & common areas
○​ Purpose or use restrictions of units
○​ Consent of all registered owners, lienholders
○​ Plans: survey plan + diagrammatic floor plan
○​ Reasonable restrictions on alienation/disposal of units​

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THE CONDOMINIUM ACT

●​ Transfer of Units (Sec. 5):​

○​ Conveyance includes undivided interest in common areas​

○​ Limits foreign ownership:​

■​ Common areas co-owned → only Filipinos or 60% Filipino-owned

corporations may acquire units​

■​ Common areas owned by corporation → transfers must comply with law on

foreign ownership limits

IV. Incidents of Condominium Ownership (Sec. 6)

1.​ Boundaries – interior surfaces of walls, floors, ceilings, windows, doors​

2.​ Excluded from Unit – bearing walls, columns, foundations, roofs, lobbies, stairways, elevators,
utility installations​

3.​ Appurtenant Easements – exclusive air space, ingress/egress through common areas​

4.​ Rights of Unit Owner:​

○​ Paint, decorate, or modify interior surfaces

○​ Mortgage or encumber unit individually
○​ Sell or dispose of unit (unless restricted in master deed)

V. Common Areas (Sec. 7-8)

●​ Remain undivided​

●​ Judicial partition allowed only under specific conditions:​

○​ Three years after major damage, unrepaired

○​ ≥50% units untenantable and >30% owners oppose repair
○​ Project >50 years old, obsolete, >50% owners oppose restoration
○​ Project condemned/expropriated, >70% oppose continuation
○​ Conditions in declaration of restrictions

VI. Declaration of Restrictions & Management (Sec. 9-10)

●​ Registered declaration of restrictions binds all unit owners​

●​ Provides:​

○​ Management body (condominium corp., association, board, agent)

○​ Voting, meetings, powers, insurance, maintenance, reconstruction
○​ Procedure for amendments, audits, assessments​

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THE CONDOMINIUM ACT

●​ Condominium Corporation:​

○​ Holds common areas

○​ Membership automatically tied to unit ownership
○​ Term = duration of project
○​ Cannot sell/dispose of common areas without approval of all members

VII. Dissolution of Condominium Corporation (Sec. 12-17)

●​ Involuntary dissolution → common areas distributed proportionally to

members/shareholders
●​ Voluntary dissolution → by vote of all members, subject to Corporation Law
●​ Corporation may act as attorney-in-fact to sell entire project upon dissolution
●​ Members cease to be part of corporation if they sell their unit

VIII. Registration & Conveyance (Sec. 18-19)

●​ Conveyance of unit → annotated on certificate of title

●​ Each unit gets a “condominium owner’s copy” of title
●​ Owners may request pro-indiviso co-ownership title of land if common areas are held in
common.

IX. Assessments & Liens (Sec. 20-21)

●​ Assessments for maintenance, utilities, services → lien on unit

●​ Lien superior to subsequent liens (except property tax)
●​ Labor/materials for common areas → presumed consent of all owners
●​ Unit owners not liable for liens on other units

X. Personal Property (Sec. 22)

●​ Management body may acquire personal property for benefit of owners

●​ Ownership proportionate to interest in common areas
●​ Transfer of unit → transfers beneficial interest in personal property

XI. Partition & Reorganization (Sec. 23)

●​ Court may reorganize project if conditions for partition/dissolution not met​

●​ Determines:​

○​ Portion of project continuing as condominium

○​ Rights of remaining owners
○​ Compensation for deprivation of property​

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THE CONDOMINIUM ACT

XII. Miscellaneous (Sec. 24-27)

●​ Deeds, declarations, and plans liberally construed

●​ Each unit separately assessed for taxes
●​ Conflicting laws amended to comply with this Act
●​ Effectivity: June 18, 1966

Key Principles to Remember

1.​ Condominium = Separate + Undivided interest​

2.​ Unit boundaries vs. common areas – clear distinction​

3.​ Ownership rights limited by master deed & declaration of restrictions​

4.​ Management body ensures project maintenance & governance​

5.​ Partition/dissolution is exceptional, not automatic​

6.​ Foreign ownership restrictions are strictly enforced​

7.​ Assessments are liens on the unit; labor/materials for common areas → collective
responsibility​

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Doctrine of the cases
Quieting & Co-ownership 28 cases – Doctrine List
1. Heirs of Olviga v. CA (1993): An action to quiet title or reconvey property is imprescriptible when
the claimant is in actual possession; Torrens title does not protect against fraud.
2. Pingol v. CA (1993): Ownership transfers upon delivery; a contract labeled as absolute sale is
effective if no reservation exists; quieting of title is imprescriptible during possession.
3. Pardell v. Bartolome (1912): Possession by one co-owner is presumed for all; prescription does not
run without clear repudiation.
4. Aguilar v. CA (2003): Nemo dat quod non habet – one cannot sell what one does not own.
5. Spouses Del Campo v. CA (2001): A co-owner may sell only his undivided share; long possession
may result in implied or de facto partition.
6. Cullado v. Gutierrez (2019): The earlier Torrens title issued in good faith prevails; subsequent titles
are void.
7. Titong v. CA: Quieting of title applies only when an instrument clouds ownership; boundary
disputes require real actions.
8. Spouses Portic v. Cristobal (2005): Tax declarations alone are insufficient to establish ownership.
9. Pulido v. People (2021): Claims of ownership must be supported by lawful title; mere assertion is
not enough.
10. Heirs of Proceso Bautista v. Sps. Barza (1992): Rights to public land depend on legal release;
prior occupation alone does not confer ownership.
11. Serman Cooperative v. Montarde (2020): Substance over form controls employment and
possessory relationships; documentation alone is insufficient.
12. Abobon v. Abobon (2012): Co-ownership continues until partition; exclusive possession does not
extinguish others’ rights.
13. Punzalan v. Boon Liat: Ownership passes only if the seller possessed the property; nemo dat quod
non habet.
14. Gatchalian v. CIR: Ownership transfers upon delivery and registration, not mere execution of a
deed.
15. Diversified Credit Corp. v. Rosado: In a contract to sell, ownership remains with seller until full
payment; possession does not confer ownership.
16. Melencio v. Dy Tiao Lay: Ownership prevails over possession; partial consent or ratification by
co-owners cannot transfer full ownership.
17. Siari Valley Estates v. Lucasan (1955): Possessory trust or management does not transfer
ownership; wrongful disposition is actionable.
18. Twin Towers Condominium Corp. v. CA (2003): Ownership of condominium units and corporate
rights vest only upon full payment.
19. Sunset View Condominium v. Campos (1981): Same as above; full payment required for
shareholder rights and assessment liability.
20. Estoque v. Pajimula (1955): Legal redemption applies only within scope of undivided interests;
co-owners cannot redeem portions already conveyed.
21. Clarin v. CA (1997): Torrens titles are conclusive except in cases of fraud or error; possession
allows reconveyance.

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22. Pamplona v. Moreto (1992): Laches or estoppel may prevent co-owners from asserting rights
after long inaction.
23. Carvajal v. CA: Tax declarations are weak evidence; ownership must be proven by title.
24. Oliveras v. Lopez: Sales of portions of undivided property may terminate co-ownership after legal
period; long possession affects dominion.
25. Tuason v. Tuason: Co-ownership rights are protected unless explicitly waived; prescription
requires clear repudiation.
26. Deiparine v. CA: Registered Torrens land is imprescriptible; possession alone does not confer
ownership.
27. Ramirez v. Ramirez: Right to partition among co-owners is imprescriptible.
28. Mariano v. CA (1993): Ownership prevails over mere possession; Torrens title is protected unless
fraud or mistake is shown.

POSSESSION CASES - Doctrine List

1. Heirs of Malabanan v. Republic

Possession of land of the public domain, even if alienable and disposable, does not vest ownership
unless such possession is open, continuous, exclusive, and notorious since June 12, 1945 or earlier;
alienable classification alone does not convert public land into private or patrimonial land.

Under Article 422 of the Civil Code, there must be an express declaration by the State (through law or
presidential proclamation) that the property is no longer intended for public use or the development of
national wealth, only then does prescription run. Mere classification of land as A&D does not make it
patrimonial property. In this case, even though the land was A&D in 1982, there was no express
declaration that it was no longer intended for public service. Even if such a declaration existed in
1982, Malabanan only had 16 years of possession (1982 to 1998), which fails the 30-year requirement
for extraordinary prescription.

2. Ventura v. Abuda In relationships where parties are incapacitated to marry, co-ownership over real
property arises only upon proof of actual joint contribution; mere cohabitation does not create
ownership rights.

3. Carbonell v. Court of Appeals Between successive buyers of the same immovable property, the
buyer who is first in time and in good faith acquires a superior right; registration does not validate a
sale made in bad faith.

4. EDCA Publishing v. Santos Ownership of property passes upon delivery when the transaction is
consensual, and possession acquired in good faith is protected by law; recovery must be pursued
through lawful judicial means.

5. Edgar M. Rico v. Castillo In forcible entry cases, the sole issue is prior physical possession, not
ownership or title, and a person unlawfully deprived of possession is entitled to its restoration.

6. Ortiz v. Fuentebella Possession by mere tolerance, no matter how long, is not possession in the
concept of an owner and cannot ripen into ownership or defeat title.

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7. Ramos v. Director of Lands Open, continuous, exclusive, and notorious possession of land since
time immemorial raises the presumption that the land has become private property and is registrable
under the Torrens system.

8. Director of Lands v. Court of Appeals Alienable and disposable public land does not become
private property by mere lapse of time; ownership may be acquired only in the manner provided by
law.

9. Cachuela v. Francisco Ownership does not justify forcible dispossession; prior peaceful possession
is protected by law regardless of claims of ownership.

10. Cordero v. Cabral Possession in the concept of an owner must be continuous, adverse, and
unequivocal; casual or sporadic acts do not establish ownership.

11. El Banco Español-Filipino v. Peterson Possession exercised openly and in good faith is presumed
to be possession in the concept of an owner and produces legal effects until lawfully defeated.

12. Astudillo v. PHHC Public land cannot be acquired by prescription, and possession thereof,
however long, does not vest ownership absent a valid grant from the State.

13. Yu v. Honrado Good faith is presumed in possession and exists when the possessor is unaware
of defects in his title; such possession is protected until bad faith is proven.

14. Kasilag v. Roque A possessor who relies on a title believed to be valid is a possessor in good faith,
even if the title later turns out to be defective.

15. MWSS v. Court of Appeals Property of the public dominion devoted to public use or service is
outside the commerce of man and cannot be acquired by prescription.

16. Calagan v. Court of First Instance In possessory actions, courts are limited to determining
material possession, and questions of ownership may be considered only provisionally.

17. Dizon v. Suntay Possession as a fact is independent of ownership and cannot be disturbed by
force, even by one who claims to be the owner.

18. Cruz v. Pahati Possession by tolerance negates adverse possession and cannot serve as a basis
for ownership or acquisitive prescription.

19. Heirs of Jumero v. Lizares To confer rights, possession must be open, continuous, exclusive, and
in the concept of an owner; ambiguous or permissive acts do not establish ownership.

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Usufruct Codal
TITLE VI – USUFRUCT

Chapter 1: Usufruct in General (Articles 562–565)

Article 562 – Definition of Usufruct

Core rule:​
Usufruct is the right to enjoy the property of another with the obligation of preserving its form and
substance, unless the title constituting it or the law provides otherwise.

Notes

Usufruct involves:

1.​ Property owned by another – the usufructuary is not the owner.

2.​ Right of enjoyment – the usufructuary may use the property and receive its fruits.
3.​ Obligation to preserve form and substance – the usufructuary must not alter the essential
nature of the property.

The property must be returned to the owner at the end of the usufruct in substantially the same
condition, ordinary wear and tear excepted.

Exception:​
If the law or the constituting title allows it, the usufructuary may be permitted to consume or alter the
property (e.g., in usufruct over consumable things).

Article 563 – How Usufruct is Constituted

Usufruct may be created in three ways:

1. By law

The law itself grants the usufruct.

Example: Legal usufruct in certain family relations as provided by law.

2. By the will of private persons

a. Acts inter vivos (between living persons)

●​ Contract
●​ Donation with reservation or grant of usufruct

b. Last will and testament

●​ A testator may give ownership to one person and usufruct to another.

3. By prescription

Usufruct may be acquired through continuous and uninterrupted possession for the period required by
law.

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Article 564 – Extent and Object of Usufruct

This article shows the flexibility of usufruct.

Usufruct may be constituted:

1.​ On the whole or part of the fruits of a thing​

The usufruct may cover all fruits or only a portion.​

2.​ In favor of one or more persons

○​ Simultaneously – several usufructuaries enjoy at the same time.
○​ Successively – one usufructuary after another.​

3.​ From or until a certain day

○​ With a term (period)
○​ Pure (no term or condition)​

4.​ Conditionally​
The usufruct may depend on the happening of a future and uncertain event.​

5.​ On a right, not only on a thing​

Usufruct may be constituted over rights, provided they are not:​

○​ Strictly personal
○​ Intransmissible

Example: Usufruct over a credit is allowed, but not over rights that are purely personal.

Article 565 – Governing Rules on Rights and Obligations

The rights and obligations of the usufructuary are determined in this order:

1.​ First: The title constituting the usufruct​

The document, will, contract, or law creating the usufruct governs, as long as it is not contrary
to law.​

2.​ Second: The Civil Code provisions​

If there is no title, or if it is incomplete, the default rules found in the succeeding chapters on
usufruct apply.

Principle:​
The intention of the person creating the usufruct prevails, subject to legal limitations.

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Chapter 2: Rights of the Usufructuary (Arts. 566–582)

Article 566 – Right to Fruits

The usufructuary is entitled to:

●​ Natural fruits (spontaneous products like grass, fruits of trees)

●​ Industrial fruits (produced through cultivation)
●​ Civil fruits (rent, interest, lease income)

Hidden treasure:​
The usufructuary is considered a stranger, so treasure rules on finders apply, not ownership rights.

Article 567 – Fruits at Beginning and End of Usufruct

●​ Fruits growing at the start of usufruct → belong to the usufructuary

●​ Fruits growing at the end of usufruct → belong to the owner

Expenses rule:

●​ Usufructuary need not reimburse owner for prior cultivation expenses at the start​

●​ Owner must reimburse usufructuary at the end for:

○​ Ordinary cultivation expenses
○​ Seeds and similar costs​
(Taken from proceeds of fruits)

Third persons’ rights are not prejudiced.

Article 568 – Lease Made by Usufructuary

If the usufructuary leased the property and the usufruct ends before the lease:

●​ Usufructuary (or heirs) receive only proportionate rent up to termination.

Article 569 – Civil Fruits Accrue Daily

Civil fruits (rent, interest) accrue day by day and belong to the usufructuary proportionally to the
duration of usufruct.

Article 570 – Usufruct Over Credits, Pensions, Business Benefits

If usufruct is over:

●​ Right to receive rent, pension, interest, or securities → each payment is treated as fruit
●​ Business or industrial profits (with no fixed distribution date) → also treated as fruits

These are distributed as civil fruits (pro rata in time).

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Article 571 – Right to Benefits and Accession

The usufructuary enjoys:

●​ Increases due to accession

●​ Servitudes in favor of the property
●​ All benefits inherent in the property

He benefits from improvements or advantages naturally attaching to the property.

Article 572 – Right to Use, Lease, or Transfer Usufruct

The usufructuary may:

●​ Personally use the property

●​ Lease it
●​ Transfer (sell/donate) the usufruct right

But:

●​ All contracts end when usufruct ends

●​ Exception: Rural land leases continue until end of agricultural year

Article 573 – Things That Deteriorate by Use

If property naturally deteriorates through use (e.g., furniture, tools):

●​ Usufructuary may use them according to purpose

●​ Not required to return in original condition
●​ Liable only for deterioration due to fraud or negligence

Article 574 – Consumable Things (Quasi-Usufruct)

If things are consumable (food, money, fuel):

If appraised at delivery:

●​ Usufructuary must pay appraised value at end

If not appraised:

●​ Must return same quantity and quality, or

●​ Pay current value at termination

This is called quasi-usufruct.

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Article 575 – Fruit-Bearing Trees

Usufructuary may use:

●​ Dead trunks
●​ Trees cut or uprooted by accident

But must replace them with new plants.

Article 576 – Loss Due to Calamity

If trees/shrubs are destroyed in large numbers by calamity and replacement is too hard:

●​ Usufructuary may leave remains to owner

●​ May require owner to remove them and clear the land

Article 577 – Usufruct Over Woodland

Usufructuary may enjoy woodland products according to its nature.

If woodland is for timber:

●​ May do ordinary cutting as owner used to do

●​ If no prior practice, follow local custom
●​ Must not prejudice preservation of land

In nurseries:

●​ May do necessary thinning

Cannot cut trees except to restore or improve property, and must notify owner first

Article 578 – Usufruct Over a Right of Action

If usufruct covers the right to recover property:

●​ Usufructuary may bring the action

●​ Owner must give authority and evidence

If property is recovered:

●​ Usufruct applies only to the fruits

●​ Ownership remains with owner

Article 579 – Improvements for Utility or Pleasure

Usufructuary may make:

●​ Useful improvements
●​ Pleasure improvements

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As long as form and substance are not altered.

But:

●​ No right to indemnity
●​ May remove improvements if no damage is caused

Article 580 – Right of Set-Off

Usufructuary may offset value of improvements against damages he may owe to the owner.

Article 581 – Rights of the Owner

The owner may:

●​ Sell or transfer ownership

But cannot:

●​ Alter form or substance

●​ Do anything prejudicial to the usufructuary

Article 582 – Usufruct Over Property Held in Common

If usufruct is over a co-owner’s share:

●​ Usufructuary exercises rights over that share (administration, fruits)

If co-ownership is divided:

●​ Usufruct attaches to the portion allotted to that co-owner

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Chapter 3: Obligations of the Usufructuary (Arts. 583–602)

I. Obligations Before Enjoyment Begins

Article 583 – Inventory and Security

Before using the property, the usufructuary must:

1.​ Make an inventory​

○​ With notice to the owner​

○​ Includes:
■​ Appraisal of movables
■​ Description of condition of immovables

2.​ Give security (bond)​

○​ To guarantee fulfillment of his obligations

Purpose: To protect the owner against loss or abuse.

Article 584 – Who Need Not Give Security

Security is not required from:

●​ A donor who reserved the usufruct

●​ Parents usufructuaries of children’s property
○​ Exception: if they contract a second marriage

Article 585 – Excuse from Inventory or Security

The usufructuary may be excused if no one will be prejudiced.

Article 586 – If Security Is Not Given

If required security is not given, the owner may:

●​ Place immovables under administration

●​ Sell movables
●​ Invest money and credits in safe securities
●​ Deposit funds in banks or institutions

But:​
The income or interest still belongs to the usufructuary.

Alternatively, the owner may keep the property as administrator and deliver net proceeds to the
usufructuary.

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Article 587 – Exceptions Even Without Security

The court may allow delivery of:

●​ Necessary furniture
●​ Use of a house for the usufructuary and family
●​ Tools for livelihood

Owner may retain sentimental or artistic movables but must give security for legal interest on their
value.

Article 588 – Right to Fruits After Security

Once security is given, the usufructuary is entitled to fruits retroactively from the time the usufruct
legally began.

II. General Duty During Usufruct

Article 589 – Standard of Care

The usufructuary must take care of the property as a good father of a family​
(Ordinary diligence).

Article 590 – Liability for Acts of Transferee or Lessee

If the usufructuary leases or transfers his right, he is liable for damage caused by the fault or
negligence of the substitute.

III. Special Rules for Certain Property

Article 591 – Livestock

●​ Must replace animals that die naturally with their young​

●​ If all perish by calamity without fault → deliver remains​

●​ If partly lost → usufruct continues on the remainder​

●​ If over sterile animals → treated like fungible things

IV. Repairs

Article 592 – Ordinary Repairs

Usufructuary must pay for:

●​ Wear and tear repairs from normal use​

If he fails after demand, owner may repair at usufructuary’s expense.​

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Article 593 – Extraordinary Repairs

Should be paid by the owner.​

Usufructuary must notify owner if urgent.

Article 594 – Reimbursement for Extraordinary Repairs

If owner pays:

●​ He can demand legal interest from usufructuary during usufruct

If owner refuses and usufructuary pays:

●​ Usufructuary recovers increase in value at end of usufruct

Article 595 – Improvements by Owner

Owner may make improvements if:

●​ No prejudice to usufructuary
●​ No reduction in value of usufruct

V. Taxes and Charges

Article 596 – Charges on Fruits

Annual charges and taxes on fruits → usufructuary pays

Article 597 – Taxes on Capital

Taxes directly on ownership (capital) → owner pays

Reimbursement rules apply depending on who advanced payment.

VI. Debts and Credits

Article 598 – Usufruct Over Entire Patrimony

Rules on donations apply if owner has debts.​

Usufructuary may have duties to help pay debts depending on circumstances.

Article 599 – Collection of Credits

If usufruct includes credits:

●​ With security → usufructuary may collect and use capital

●​ Without security → needs owner or court authorization
●​ Capital must be safely invested to preserve value​

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Article 600 – Mortgaged Property

Usufructuary not required to pay mortgage debt.​

If property is sold to pay debt, owner must compensate usufructuary for losses.

VII. Protection of Ownership

Article 601 – Duty to Notify Owner

Usufructuary must inform owner of third-party acts prejudicial to ownership.​

Failure → liable for damages.

Article 602 – Litigation Expenses

Expenses of lawsuits regarding the usufruct are borne by the usufructuary.

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Chapter 4: Extinguishment of Usufruct (Arts. 603–612)

Article 603 – General Modes of Extinguishment

Usufruct is extinguished by:

1.​ Death of the usufructuary​

Usufruct is generally personal.​
Exception: if a contrary intention clearly appears in the title.​

2.​ Expiration of the period or fulfillment of a resolutory condition​

If the usufruct was for a term or subject to a condition, it ends when the term expires or the
condition happens.​

3.​ Merger​
When ownership and usufruct become vested in the same person.​

4.​ Renunciation​
Voluntary waiver by the usufructuary.​

5.​ Total loss of the thing​

If the property is completely destroyed.​

6.​ Termination of the right of the person who constituted the usufruct​
Example: A usufruct granted by a lessee ends when the lease ends.​

7.​ Prescription​
Loss of the usufruct through non-use for the period required by law.

Article 604 – Partial Loss

If only part of the property is lost, the usufruct continues over the remaining part.

Article 605 – Usufruct in Favor of Juridical Persons

If granted to a town, corporation, or association:

●​ Maximum duration is 50 years​

●​ It is extinguished earlier if:

○​ The town is abandoned
○​ The corporation/association is dissolved

Article 606 – Usufruct Based on Age of a Third Person

If usufruct is granted until a third person reaches a certain age:

●​ It lasts for the number of years specified, even if the third person dies earlier​

●​ Exception: if the usufruct was clearly granted only because of that person’s existence

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Article 607 – Destruction of Building

If usufruct includes land with a building and the building is destroyed:

●​ Usufructuary may use the land and materials

If usufruct is over a building only:

●​ Owner may rebuild

●​ Owner can use the land and materials
●​ But must pay usufructuary interest on the value of land and materials during usufruct

Article 608 – Insurance

If both owner and usufructuary insured the property:

●​ Usufructuary continues enjoyment of the new building, or

●​ Receives interest on the insurance proceeds if owner does not rebuild

If usufructuary refused to insure and owner insured alone:

●​ Owner gets insurance proceeds

●​ But usufructuary still has rights under Article 607

Article 609 – Expropriation

If property is expropriated for public use:​

Owner must either:

1.​ Replace it with another similar property, or​

2.​ Pay usufructuary legal interest on the indemnity for the duration of the usufruct (with
security)

Article 610 – Abuse by Usufructuary

Bad use does not automatically extinguish usufruct.

But if serious injury is caused:

●​ Owner may demand delivery of the property

●​ Owner must pay usufructuary net annual proceeds, after expenses and administration costs

Article 611 – Several Usufructuaries

If usufruct is in favor of several persons living at the time of constitution:

●​ It lasts until the death of the last survivor​

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Article 612 – Delivery Upon Termination

When usufruct ends:

●​ Property must be returned to the owner

However, usufructuary or heirs have a right of retention for:

●​ Reimbursable taxes
●​ Extraordinary expenses

After delivery:

●​ Security or mortgage given by usufructuary is cancelled

MEMORY FRAMEWORK – HOW USUFRUCT ENDS

It ends by:

Natural causes

●​ Death
●​ Expiration of term
●​ Condition fulfilled

Legal causes

●​ Merger
●​ Renunciation
●​ Prescription

Physical causes

●​ Total loss
●​ Expropriation
●​ Destruction (special rules apply)

Special rules

●​ Juridical persons: 50-year limit

●​ Several usufructuaries: lasts until last survivor

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Usufruct Notes
1. Distinction: Usufruct vs Lease vs Easement

Feature Usufruct Lease Easement

Definition Right to use and enjoy Right to use Right to use another’s
another’s property and take property in property in a limited way,
its fruits, without owning it exchange for rent without possession

Ownership Owner retains ownership Lessor retains Owner retains ownership;

(naked owner) ownership; lessee easement holder only has
only possesses limited use

Fruits / Income Usufructuary entitled to Lessee usually not No entitlement to fruits

fruits or income entitled to fruits
unless agreed

Duration Usually life or fixed term Fixed term per Usually permanent or by
contract law/agreement

Transferability Generally non-transferable Usually transferable Generally transferable if

unless allowed if contract allows registered or allowed

2. Rights and Obligations

Usufructuary

Rights:

●​ Use the property (usus)

●​ Enjoy the fruits (fructus)
●​ Make necessary improvements (sometimes with reimbursement)

Obligations:

●​ Preserve the substance of the property (cannot waste or destroy)

●​ Return property at end of usufruct
●​ Pay real estate taxes, interest, and other charges if stipulated
●​ Replace consumables or fungible things or pay their value

Naked Owner

Rights:

●​ Ownership remains intact

●​ Receive property back after usufruct ends
●​ Receive fruits if usufruct is limited to legal interest

Obligations:

●​ Minimal; allow usufructuary to enjoy the property

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3. Extinguishment of Usufruct

Usufruct ends when:

1.​ Death of usufructuary (if for life)

2.​ Expiration of term (if fixed term)
3.​ Destruction of the property (without fault of usufructuary)
4.​ Merger: Usufructuary becomes owner of property
5.​ Renunciation by usufructuary (voluntary giving up)
6.​ Loss of thing (e.g., consumables used up)
7.​ Prescription if provided by law

4. Classification of Easements

Classification Definition / Example

Continuous Use is constant, requires no act of man (e.g., water flow)

Discontinuous Requires human act to exercise (e.g., right to enter land)

Apparent Visible signs of existence (e.g., installed pipeline, road)

Non-apparent No visible signs, cannot be known by inspection

Positive Entitles holder to do something (e.g., right to draw water)

Negative Entitles holder to prevent owner from doing something (e.g., blocking
construction)

Legal Established by law

Voluntary Created by agreement between parties

5. Rules on Creation and Extinguishment

Creation:

●​ By law
●​ By contract/act of owner
●​ By necessity or prescription

Extinguishment:

●​ Merger: Holder of easement becomes owner of servient estate

●​ Abandonment
●​ Impossibility (natural or legal)
●​ Renunciation
●​ Destruction of servient estate

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6. Compulsory Right-of-Way (Easement)

Requisites for establishment:

1.​ Landlocked property (cannot access public road)

2.​ No other convenient way to reach public road
3.​ Necessity arises from use of property
4.​ Compensation to owner of servient estate is required

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KEYPOINTS: Usufruct and Easment
🌿 USUFRUCT vs 🛣️ EASEMENT (Overview)
👉
Both are real rights over another person’s property​
Meaning: You don’t own the property, but you have a legal right to use it in some way.

But the kind of use is very different.

🌿 USUFRUCT
📌 What is Usufruct?
Usufruct is the right to use another person’s property and enjoy its fruits, with the obligation to
preserve its form and substance.

In simple terms:

“You can use it and benefit from it, but you must not destroy or change what it is.”

👥 Parties Involved
Person Role

Naked owner The real owner, but cannot use/enjoy for now

Usufructuary The person allowed to use and enjoy the property

🍎 What can the usufructuary do?

They can:​
✔ Use the property​
✔ Live in the house​
✔ Rent it out​
✔ Harvest fruits (like crops or rentals)

❌
They cannot:​

❌
Destroy it​

❌
Change its essential nature​
Treat it as their own

🏠 Example
A father gives his daughter usufruct over a house.

●​ Daughter can live there or rent it out

●​ She gets the rent
●​ But she cannot sell the house
●​ Ownership still belongs to the father

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🧠 Key Idea
👉 Usufruct is about BENEFIT and ENJOYMENT of the whole property It is active use of the property.
🛣️ EASEMENT (Servitude)
📌 What is an Easement?
An easement is a real right over another person’s land, where the owner of one property is allowed to
use or limit the use of another property for the benefit of his own land.

In simple terms:

“Your land has to allow something for my land.”

🏡 Two Properties Involved

Term Meaning

Dominant estate The land that benefits

Servient estate The land that is burdened

🚶 Example: Right of Way

Land A is landlocked.​
Owner of Land A has a right of way over Land B.

●​ Land A = dominant estate (benefits)

●​ Land B = servient estate (burdened)
●​ Owner of B must allow A to pass

Owner of A does not own any part of B.​

He only has the right to pass.

⚖️ What makes easement different?

Easement is:​
✔ Limited​
✔ Specific​
✔ Usually for a particular purpose

You do not enjoy the whole property — just a specific use.

Examples:

●​ Right of way
●​ Right to drain water
●​ Right to light and view
●​ Prohibition to build above certain height

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🔥 MAIN DIFFERENCES (Very Important)
USUFRUCT EASEMENT

Right to use and enjoy fruits of property Right to limited use of another’s land

Covers almost the whole property Covers only a specific burden or use

Can exist over movable or immovable property Generally over immovable property (land)

Involves usufructuary & naked owner Involves dominant & servient estates

Example: Live in house and collect rent Example: Pass through neighbor’s land

🧠 Memory Trick
🌿 Usufruct = Use + Fruits​
🛣️ Easement = Passage or Limited Use

3
CLASS DISCUSSIONS

4
Easement
USUFRUCT AND EASEMENTS – STUDY NOTES

I. USUFRUCT

A. Concept of Usufruct

●​ Usufruct is the right to enjoy the property of another with the obligation of preserving its
form and substance, unless the title or law provides otherwise.
●​ Ownership is divided into:
○​ Usufructuary – has the right to use and enjoy
○​ Naked owner – retains ownership but without use and enjoyment

B. Usufruct vs. Lease vs. Easement

1. Usufruct vs. Lease

Usufruct Lease

Real right Personal right

Can be constituted by law, will, or contract Created only by contract

Usufructuary enjoys fruits Lessee merely uses property

Generally extinguished by death Not extinguished by death

2. Usufruct vs. Easement

Usufruct Easement

Covers use and enjoyment of the property Limited right over another’s property

Usually temporary May be perpetual

Can benefit a person Usually benefits another property

C. Rights of the Usufructuary

●​ Right to possess and enjoy the property

●​ Right to receive fruits (natural, industrial, civil)
●​ Right to lease the property
●​ Right to make useful improvements (without altering substance)
●​ Right to recover expenses for necessary repairs

D. Obligations of the Usufructuary

Before the Usufruct Begins

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 ●​ Make an inventory of the property
●​ Give security, unless exempted

During the Usufruct

●​ Preserve the form and substance

●​ Pay for ordinary repairs
●​ Pay annual charges and taxes on fruits
●​ Use the property as a diligent administrator

E. Rights and Obligations of the Naked Owner

●​ Retains ownership
●​ Can alienate the property (subject to usufruct)
●​ Obligated to make extraordinary repairs
●​ Cannot impair the usufructuary’s rights

F. Extinguishment of Usufruct

Usufruct is extinguished by:

1.​ Death of the usufructuary

2.​ Expiration of the term
3.​ Merger of usufruct and ownership
4.​ Renunciation
5.​ Loss or destruction of the property
6.​ Termination of the right of the grantor
7.​ Prescription

II. EASEMENTS (SERVITUDES)

A. Concept of Easement

●​ An easement is a burden imposed upon a property (servient estate) for the benefit of another
property (dominant estate) or a person.
●​ It is a real right, inseparable from the property.

B. Classification of Easements

1. Continuous vs. Discontinuous

●​ Continuous – used without human intervention​

Example: drainage, aqueduct

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 ●​ Discontinuous – needs human action​
Example: right of way

2. Apparent vs. Non-Apparent

●​ Apparent – visible signs of use​

Example: pathway, window
●​ Non-apparent – no visible sign​
Example: underground pipes

3. Positive vs. Negative

●​ Positive – servient estate must allow something to be done​

Example: passage through land
●​ Negative – servient estate is prohibited from doing something​
Example: restriction on building height

4. Legal vs. Voluntary

●​ Legal easements – imposed by law​

Example: right of way, drainage
●​ Voluntary easements – created by agreement or will

C. Creation of Easements

Easements may be created by:

1.​ Law
2.​ Will
3.​ Contract
4.​ Prescription (for continuous and apparent easements)

D. Extinguishment of Easements

Easements are extinguished by:

1.​ Merger of dominant and servient estates

2.​ Non-use for the prescriptive period
3.​ Impossibility of use
4.​ Expiration of the term
5.​ Renunciation
6.​ Redemption (for legal easements)

III. RIGHT OF WAY (COMPULSORY EASEMENT)

A. Requisites

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A compulsory easement of right of way exists when:

1.​ The dominant estate is surrounded by other properties

2.​ There is no adequate outlet to a public road
3.​ The right of way is necessary
4.​ The easement is established at the least prejudicial point
5.​ Proper indemnity is paid

B. Important Rule

●​ The right of way ceases when the necessity disappears.

Quick Memory Aids

●​ Usufruct → Use + enjoy + preserve

●​ Easement → Limited burden on land
●​ Right of way → Necessity + indemnity

4
Easement Video
Distinctions Between Easement and Lease

●​ An easement is always a real right.

●​ A lease is only a real right when it is registered for more than one year.
●​ An easement applies exclusively to immovable or real property.
●​ A lease can apply to personal or movable property.

Classifications of Easements

●​ Continuous: The easement is continuous if its use does not depend upon the acts of man.
●​ Examples include drainage, abutment of a dam, and light and view.
●​ Discontinuous: The easement is used at intervals and depends upon human intervention.
●​ A right-of-way is discontinuous because it depends on a person walking through it.
●​ Apparent: The easement has an external sign that continually keeps it in view and reveals its
use.
●​ A permanent road for a right-of-way is an example of an apparent easement.
●​ Non-apparent: There is no visible indication of the easement's existence.
●​ The easement of altius non tollendi (prohibiting building beyond a certain height) is
non-apparent because nothing physically indicates the restriction.
●​ Positive: Imposes an obligation on the owner of the servient estate to allow something to be
done or to do it themselves.
●​ An opening for light and view on a party wall is a positive easement.
●​ Negative: Prohibits the owner of the servient estate from doing something they could
otherwise lawfully do.
●​ Opening a window on your own wall facing another's property becomes a negative easement
once you serve a notarial prohibition preventing them from blocking your light and view.

Acquisition of Easements

●​ Easements are inseparable from the estate to which they actively or passively belong.
●​ You cannot alienate an easement separately from its estate.
●​ Easements can be acquired either by title or by prescription.
●​ Only continuous and apparent easements may be acquired by prescription.
●​ Discontinuous or non-apparent easements can only be acquired by title.
●​ An easement of right-of-way cannot be acquired by prescription because it is always
discontinuous.
●​ The prescriptive period for acquiring an easement is ten years.
●​ For positive easements, the prescriptive period begins on the day the dominant estate starts
exercising it upon the servient estate.
●​ For negative easements, the period begins on the date a notarial prohibition is served on the
owner of the servient estate.
●​ Under Article 624, if an owner establishes an apparent sign of an easement between two
estates and later alienates one or both without removing the sign or stating otherwise in the
contract, the sign acts as a title allowing the easement to continue.
●​ Under Article 626, the dominant estate cannot use the easement for movables not originally
contemplated, nor can it be exercised in a manner different from what was established.

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Rights, Obligations, and Extinguishment

●​ Expenses for maintaining the easement must be borne by the owner of the dominant estate.
●​ If the easement's location or manner of use becomes very inconvenient, the owner of the
servient estate may propose a change.
●​ A permanent merger of the ownership of the dominant and servient estates extinguishes the
easement.
●​ A temporary merger, such as a sale under pacto de retro, only suspends the easement until
the right of repurchase is exercised.
●​ Other modes of extinguishment include renunciation by the dominant estate, non-use for ten
years, or the estates falling into a condition where the easement cannot be used.

Specific Legal Easements

Relating to Waters

●​ Lower estates are obliged to receive water flowing naturally from higher estates without
human intervention.
●​ If human intervention causes excess water to fall to the lower estate, there is an obligation to
pay indemnity.
●​ Under the Water Code, easements on riverbanks for recreation, navigation, floatage, fishing,
and salvage vary by area: 3 meters in urban areas, 20 meters in agricultural areas, and 40
meters in forest areas.

Right of Way

●​ You can demand a right-of-way if your estate is surrounded by other immovables and has no
adequate outlet to a public highway.
●​ Mere inconvenience, such as a muddy road, does not justify demanding a right-of-way if an
outlet already exists.
●​ For a permanent right-of-way, indemnity equals the value of the land occupied plus
consequential damages.
●​ The location of the right-of-way considers distance and the amount of damage to the servient
estate, with preference given to minimizing damage.
●​ If a seller's remaining property becomes isolated after a sale, they can demand a right-of-way
but must pay indemnity.
●​ If isolation occurs via donation, the donor demands the right-of-way without paying indemnity.
●​ If a buyer's property is isolated by the seller's lands, the buyer can demand a right-of-way
without paying indemnity.
●​ If a donee's property is isolated by the donor's lands, the donee must pay indemnity to
demand a right-of-way.
●​ If a new public road opens, the easement is not automatically terminated.
●​ Termination is at the option of the servient estate owner, who must then return the original
indemnity.​

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Party Wall

●​ There is a presumption that a dividing wall between two estates is a party wall, barring
external signs indicating otherwise.
●​ The servient estate is the wall itself, while the dominant estates are the adjoining owners.
●​ Both adjoining owners must contribute proportionately to the maintenance of the party wall.
●​ An adjoining owner can increase the height or width of the wall but must shoulder the
additional maintenance expenses and provide the extra land needed.

Light and View

●​ Direct views require a distance of 2 meters.

●​ Oblique views require a distance of 60 centimeters.
●​ If distances are not met, you can only make regulated openings of 30 centimeters square.
●​ Regulated openings must be placed at the height of the ceiling joists.
●​ Regulated openings must also have iron gratings embedded in the wall and a wire screen.

Intermediate Distances and Support

●​ Tall trees must be planted at least 2 meters from the boundary line.
●​ Small trees must be planted at least 50 centimeters from the boundary line.
●​ You cannot cut encroaching branches yourself; you must demand your neighbor to cut them.
●​ You are allowed to independently cut off roots that invade your property.
●​ Lateral support applies when properties are on the same level, while subjacent support
applies when one property is below another.

Voluntary Easements

●​ Imposing an easement on a co-owned property requires the consent of all co-owners.

●​ If naked ownership and usufruct are vested in different persons, a perpetual voluntary
easement requires the consent of both owners

Notes from class:

-​ You cannot acquire an easement if you violate a law.

3
Easement Codal
📘 TITLE VII – EASEMENTS OR SERVITUDES
🔹 CHAPTER 1: EASEMENTS IN GENERAL
I. Definition (Art. 613–614)

📌 Concept
An easement (servitude) is:

●​ An encumbrance imposed upon an immovable

●​ For the benefit of another immovable
●​ Belonging to a different owner

📌 Estates Involved
●​ Dominant Estate → benefits from the easement
●​ Servient Estate → burdened by the easement

Servitudes may also benefit:

●​ A community
●​ One or more persons (not necessarily another property)​

II. Classification of Easements

A. According to Use (Art. 615)

Type Meaning

Continuous Use is or may be incessant, without human intervention

Discontinuous Used at intervals; depends on acts of man

Apparent Visible signs (e.g., pathway, aqueduct)

Nonapparent No external indication

B. According to Effect (Art. 616)

Type Meaning

Positive Allows something to be done on servient estate

Negative Prohibits servient owner from doing something lawful

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C. According to Origin (Art. 619)

Type Source

Legal Imposed by law

Voluntary Created by will or agreement

III. Characteristics of Easements

1. Inseparable (Art. 617)

●​ Cannot exist separately from the estate.

2. Indivisible (Art. 618)

●​ Division of servient estate → easement remains.

●​ Division of dominant estate → each co-owner may use the easement fully, without making it
more burdensome.

🔹 SECTION 2: MODES OF ACQUIRING EASEMENTS

I. By Title or Prescription

A. Continuous and Apparent (Art. 620)

●​ Acquired by:
○​ Title, or
○​ Prescription of 10 years

B. Computation of Prescription (Art. 621)

Easement Period starts from

Positive First exercise of easement

Negative Formal notarial prohibition

C. Cannot Be Acquired by Prescription (Art. 622)

●​ Continuous nonapparent
●​ All discontinuous easements​
➡ These require title only​

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D. Other Important Rules

●​ Lack of document may be cured by:​

○​ Deed of recognition​

○​ Final judgment (Art. 623)​

●​ Apparent sign between estates owned by same person becomes title upon separation (Art.
624)
●​ Establishment includes all necessary rights (Art. 625)
●​ Use must be limited to original purpose (Art. 626)​

🔹 SECTION 3: RIGHTS & OBLIGATIONS

I. Dominant Estate Owner (Art. 627–628)

Rights:

●​ Make necessary works at own expense

●​ Preserve and use the servitude

Limitations:

●​ Must not alter or increase burden

●​ Must notify servient owner
●​ Choose least inconvenient manner

If multiple dominant estates:

●​ Share expenses proportionally

●​ May renounce to avoid contribution

II. Servient Estate Owner (Art. 629–630)

Duties:

●​ Cannot impair the easement

Rights:

●​ May use property if not prejudicing easement

●​ May change location at own expense if:
○​ Original becomes very inconvenient
○​ New location equally convenient
○​ No injury caused

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🔹 SECTION 4: EXTINGUISHMENT (Art. 631)
Easements are extinguished by:

1.​ Merger
2.​ Nonuse for 10 years
○​ Discontinuous → from last use
○​ Continuous → from contrary act​

3.​ Impossibility of use

4.​ Expiration of term
5.​ Renunciation
6.​ Redemption

Additional rules:

●​ Mode of use may prescribe (Art. 632)

●​ Use by one co-owner interrupts prescription (Art. 633)

🔹 CHAPTER 2: LEGAL EASEMENTS

I. General Provisions (Art. 634–636)

Legal easements:

●​ For public use

●​ Or private interest

Governed by:

●​ Special laws
●​ Civil Code (suppletory)

🔹 SECTION 2: EASEMENTS RELATING TO WATERS

I. Natural Drainage (Art. 637)

●​ Lower estate must receive natural flow

●​ Lower owner cannot obstruct
●​ Higher owner cannot increase burden

II. River Bank Easements (Art. 638)

●​ 3-meter zone for public use

●​ Towpath easement
●​ Indemnity required if private land occupied​

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III. Aqueduct & Water Flow (Arts. 642–646)

Right to:

●​ Make water flow through intervening estates

●​ After indemnity
●​ Must be least onerous

Aqueduct:

●​ Considered continuous and apparent (Art. 646)

●​ Cannot be imposed on buildings, courtyards, gardens (Art. 644)

🔹 SECTION 3: EASEMENT OF RIGHT OF WAY

I. Requisites (Art. 649)

1.​ Property is surrounded

2.​ No adequate outlet to public highway
3.​ Proper indemnity paid
4.​ Isolation not due to owner’s fault

II. Rules

●​ Least prejudicial location (Art. 650)

●​ Width sufficient for needs (Art. 651)
●​ May be extinguished if access becomes available (Art. 655)
●​ Permanent → dominant owner pays repairs (Art. 654)

🔹 SECTION 4: PARTY WALL (Arts. 658–666)

Presumed common in:

●​ Dividing walls of buildings

●​ Dividing fences in rural lands

Costs:

●​ Shared proportionally
●​ Owner may renounce part-ownership (with exceptions)

Raising Wall:

●​ At own expense
●​ Others may later acquire part-ownership

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🔹 SECTION 5: LIGHT AND VIEW
Key Rules (Arts. 667–673)

●​ No window in party wall without consent

●​ 2 meters for direct view
●​ 60 cm for oblique view
●​ Less than required distance does not prescribe
●​ If right acquired → servient owner cannot build within 3 meters

🔹 SECTION 6: DRAINAGE OF BUILDINGS

●​ Roof water must fall on owner’s land (Art. 674)
●​ Easement of drainage may be demanded if no outlet (Art. 676)

🔹 SECTION 7: DISTANCES FOR CONSTRUCTIONS & TREES

●​ Dangerous constructions must follow regulations (Art. 678)
●​ Trees:
○​ 2 meters for tall trees
○​ 50 cm for shrubs (Art. 679)
●​ Overhanging branches may be cut (Art. 680)

🔹 SECTION 8: EASEMENT AGAINST NUISANCE

●​ No nuisance: noise, smoke, odor, dust, glare (Art. 682)
●​ Factories allowed if minimal annoyance (Art. 683)

🔹 SECTION 9: LATERAL & SUBJACENT SUPPORT

●​ No excavation depriving adjacent support (Art. 684)
●​ Stipulations allowing dangerous excavation are void (Art. 685)
●​ Applies to future buildings
●​ Prior notice required (Art. 687)

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🔹 CHAPTER 3: VOLUNTARY EASEMENTS
Key Rules (Arts. 688–693)

●​ Owner may establish easements if:

○​ Not contrary to law, public policy, public order​

●​ If usufruct exists:
○​ Naked owner may impose easement if usufruct not injured​

●​ Perpetual easement requires:

○​ Consent of naked and beneficial owners​

●​ On co-owned property:
○​ Consent of all co-owners required​

●​ Servient owner who agreed to bear expenses may:​

○​ Renounce property to dominant owner to free himself